Cp970.O3 

H87s 

Letter  Concerning  Tuscarora 
Lsnde  in  Bertie  County,  N.C 


Orimes 


Ct)e  iLibtatp 

of  t^e 

Onit)et0ltp  o(  jeotti)  Carolina 


Collection  ot  Mott^  Catolmiana 
'^1^10  book  tt)a0  pte^enUd 

G)  970.03 


"^'VV^  \ 


A  LETTER  CONCERNING  THE  LANDS  FORMERLY  HELD 


BY  THE  TUSCARORA  INDIANS  IN  BERTIE 


COUNTY,  NORTH  CAROLINA. 


6)'^  1  ^ 


NOTE, 


This  letter  lias  been  published  to  satisfy  inquiries  of  nu- 
merous corresiiontlents  for  iuforuiation  coucerning  the  claim 
of  the  Tuscarora  Indians  to  a  reversionary  interest  in  cer- 
tain lands  in  Bertie  County,  North  Carolina. 


State  of  North  Carolina. 
Department  of   State, 
Mr.  Luther  W.  Jack.  Raleigh,  April  5,  1911. 

Sccrctanj  People's  Riglits  Society, 

Lciciston,  \.  Y..  R.  F.  D.  IS. 

I»EAK  Sir: — Your  coiniiiunication  to  the  Governor  has  been  referred  to  me. 
with  the  request  that  I  give  you  information  concerning  the  claim  of  the  Tus- 
carora  Indians  to  a  reversionary  interest  in  certain  lands  in  P.ertie  County. 

After  the  Tuscarora  Indian  War.  about  1712-1715,  most  of  tliat  Xntidii 
moved  to  join  the  Iroquois  in  New  York.  A  part  of  the  Tuscaroras  in  this 
State  were  friendly  to  the  whites  and  aided  them  in  the  war.  The  chief  of 
this  branch  of  the  tribe  wjjs  known  as  "King"  Tom  Blount,  and  in  recognition 
of  his  services  to  the  whites  he  was  on  the  .5th  day  of  .June,  1717  (see  Colonial 
Kecords  of  N.  ('..  vol.  2,  page  283).  granted  by  the  province  of  North  Carolina 
certain  lands  on  Murratock  (later  Roanoke)  River  in  North  Carolina. 

In  1748  the  General  Assembly  passed  an  act.  chapter  3  (see  State  Records 
of  N.  C.  vol.  23,  page  209).  entitled  "An  act  for  ascertaining  the  hounds  of  a 
certain  tract  of  land  formerly  laid  out  by  treaty  to  the  use  of  the  Tuscarora 
Indians,  so  long  as  they  or  any  of  them  shall  live  upon  the  same :  and  to  pre- 
vent any  person  or  persons  taking  up  lands  or  settling  within  said  bounds  l)y 
pretense  of  any  iiurchase  or  purchases  made,  or  that  shall  be  made  from  the 
said  Indians."      These  lauds  were  described  as  follows  : 

"Beginning  at  the  Mouth  of  Quitsnoy  Swamp,  running  up  the  said  Swanq> 
Four  Hundred  and  Thirty  Poles  to  a  Scrubby  Oak.  near  the  Head  of  the  said 
Swamp,  by  a  ("ireat  Spring:  then  North  Ten  Degrees  East.  Eight  Hundred  and 
Fifty  Poles  to  a  Persinnnon  Tree  on  the  Raquis  Swamp ;  then  along  the 
Swamp  .and  Pocoson  main  Course.  North  Fifty  Seven  Degrees  West.  Two 
Thousand  Six  Hundred  and  Forty  Poles  to  a  Hickory  on  the  East  Side  of  the 
Falling  Run.  or  Deep  Creek,  and  down  the  various  Courses  of  the  said  Run  to 
Morratock  River:  then  down  the  River  to  the  first  Station." 

This  was  "confirmed  and  assured"  unto  .James  Blount.  "Chief  of  the  Tus- 
carora Nation  and  the  jteople  under  his  charge,  etc."  Section  three  of  this  act 
provided  that  jiarties  who  had  taken  up  grants  in  that  area  could  enter  and 
occupy  and  enjoy  the  same  uiion  the  said  Indians  deserting  or  leaving  the  said 
lands. 

In  IJCiCi.  cliai)ter  2;t  (see  State  Records  of  N.  C.  vol.  25.  page  .507).  the  (Jen- 
eral  Asseml)ly  passed  "An  act  contirming  a  lease  made  by  the  Tuscarora  In- 
dians to  Roliert  .Jones.  .Tr.,  William  Williams,  and  Thomas  Pugh.  E.s(iuires." 
The  lease  to  Jones.  Williams,  .-ind  I'ngli  was  for  a  large  ]iart  of  tlie  Indian  lands 
on  Deep  Crock,  the  consideration  lieing  tifteen  hundred  jiounds  proclamation 
money.  It  was  signed  Ity  aliont  forty  of  the  chieftains  .and  lie.-id  men  of  th(^ 
X.-ition  on  l>ebair  of  tlieiiisel\'es  and  the  rest  of  the  Tuscai'ora  Indians.  The 
term  of  tiie  lease  was  for  one  liundred  and  fifty  years,  and  w;is  to  setau'c 
money  "in  order  to  defray  the  exjiense  of  removing  themselves  and  their  effects 
fioui  this  province  to  tlie  settlements  on  the  River  SuS(juehainia."  This  act 
was  also  for  tlie  jirotetion  of  the  Indians  in  the  enjoyment  of  the  use  and 
rights  to  their  lands.  Section  six  of  this  act  provide<I  that  nothing  contained 
therein    should    be   so   "construed    as   to    invalidate    tlie    title   or    titles    to    any 


person  or  persons  who  have  obtained  a  grant  or  grants  for  any  tract  or  parcel 
of  laud  within  the  limits  within  the  boundaries  of  the  laud  of  the  said  Tus- 
carora  Indians  liefore  the  15th  day  of  Octol^er.  one  thousand  seven  hundred 
and  forty-eight." 

In  1778  the  General  Assembly  of  North  Carolina  passed  an  act  (see  State 
Records  of  N.  C.  vol.  24.  Acts  of  1778.  chapter  IG,  page  171).  entitled  "An  act 
for  (luieting  and  securing  the  Tuscarora  Indians  and  others  claiming  under 
the  Tusearoras  iu  the  possession  of  their  lands."  This  act  confirmed  a  lease 
made  by  the  Tusearoras  to  Robert  Jones,  Jr..*  William  Williams,  and  Thomas 
Pugh.  Esquires,  for  one  hundred  and  fifty  years.  It  provided  that  Whitmell 
Tuffdick.  Chief  or  head  man  of  the  Tuscarora  Nation,  and  the  Tuscarora  In- 
dians now  living  in  Bertie  County,  should  hold  and  occupy,  possess  and  enjoy 
all  the  lands  lying  in  Bertie  County,  which  had  heretofore  beeu  assigned  to 
them.  It  forbade  the  leasing  or  purchasing  of  lands  from  Indians  except  by 
consent  of  the  General  As.sembly.  It  confirmed  the  lands  leased,  demised, 
granted,  or  "farm  let"  to  sundry  persons  between  July  12.  17<j6.  and  December. 
1777.  except  such  as  were  obtained  by  fraud.  It  appointed  William  Williams, 
Thomas  Pugh,  Willie  Jones,  and  Simon  Turner,  and  Zedekiah  Stone  coimnis- 
sioners  for  the  Indians,  and  empowered  the  said  commissioners  to  hold  courts, 
etc..  for  the  redress  of  the  grievances  of  the  Indians.  It  further  enacted  that 
the  land  leased  by  the  Tuscarora  Indians  to  Jones.  Williams,  aud  Pugh.  and 
to  other  persons  prior  to  "77  "shall  revert  to  aud  become  the  property  of  the 
State  at  the  expiration  of  the  terms  of  the  several  leases  mentioned,  if  the 
said  Nation  be  then  extinct.  And  the  lands  now  belonging  to  and  possessed  by 
the  said  Tusearoras  shall  revert  to  aud  become  the  property  of  the  State 
whenever  the  said  Nation  shall  become  extinct,  or  shall  entirely  abandon  or 
remove  themselves  off  the  said  irinds  and  every  part  thereof." 

In  178C)  an  act  was  pas.sed  amending  the  art  of  1778  as  to  penalizing  jtirors 
and  witnesses  failing  to  respond  when  summoned  by  the  commissioners  men- 
tioned iu  the  act  of  1778. 
.  In  1798.  chapter  17  (Martin's  Laws,  riage  122).  two  other  commissioners — 
William  Williams  of  IMartin  and  Samuel  Johnston.  Jr..  of  Bertie — were  added 
to  the  ntnnber  of  commissioners  named  in  the  act  of  "78. 

On  November  3.  1801  (Letter  Book,  page  '.••">).  II.  Dearborn.  Secretary  of 
War.  in  a  letter  to  Governor  Benjamin  Williams.  inf(n'ms  him  that  a  deputa- 
tion from  the  Tuscarora  ludians.  accompanied  by  an  interpreter,  was  on  the 
way  to  Raleigh,  to  wait  on  him  with  the  object  "to  jirocure  from  the  State  of 
North  Carolina  for  the  sale  and  cession  of  the  right  whifh  they  stippose 
still  to  possess,  a  sum  of  money  with  which  to  purchase  the  lands  in  the 
vicinity  of  those  in  which  they  now  reside."  He  further  notified  Governor 
Williams  that  the  President  of  the  fnited  States  had  appointed  Hon.  William 
It.  Davie  c<mnnissioner  for  the  ludians.  and  that  the  United  States  gave  its 
consent  and  sanction  to  such  liargain  and  agreement  as  the  State  and  the 
Indians  might  make. 

In  November.  1801.  Governor  Williams  (Letter  Book,  page  18)  recommended 
to  the  General  Assemhl.v  the  apjiointment  of  a  commission  to  treat  with  the 
Tuscarora  Indians. 

This  visit  of  1801  seems  to  have  been  unsuccessful,  for  on  October  IS.  1802 
(Letter  Book,  page  195).  another  letter  from  the  Secretary  of  War,  Mr.  Dear- 


*rather  of  Allen  and  Willie  Jones. 


born,  to  Governor  Beii.ianiin  Williams,  recites  the  fact  that  the  chief  of  the 
Tusearoras,  with  an  interpreter,  is  on  liis  \va.\'  to  lialei^h  to  "renew  the  wvjut- 
tiation."  and  that  "the  authorit.v  that  lie  now  itrings  from  his  Nation  will  he 
deemed  snfHcient  for  authorizin.ii  the  sale."  He  further  states  that  the  Hon. 
W.  It.  I>avie  "is  commissioned  witli  full  powers  to  attend  the  ne.irotiation  and 
.^ive  the  necessar.v  sanction  and  consent  of  the  T'nited  States  to  snch  terms  as 
the  Legislature  of  the  State  or  tlii'ir  aji'ents  and  the  c'liief  ma.v  atrree  on." 

The  General  Assembl.v  of  ISdii  (Martin's  Laws.  cha])ter  4.  paLce  r.)4)  passed 
"An  act  for  the  relief  of  tlu'  Tnscarora  Nation  of  Lidians."  This  act  author- 
ized the  chiefs  to  lease  the  lands  and  extend  leases  alread.v  made,  which  leases 
were  to  he  contirmed  h.v  an  act  of  the  (Jeneral  Assemhl.v  in  snch  manner  that, 
the  whole  of  the  leases  on  said  land  should  terminate  at  the  same  i)eriod. 
(After  the  Jones-Williams-Push  lease  t'nv  l.lo  years,  snliseiinent  leases  had 
been  made  for  9!)  years.)  The  act  authorized  the  (iovernor  to  appoint  commis- 
sioners for  carryinir  the  act  into  effect.  The  ait  fiuther  recites  that  "Whereas 
the  Chiefs.  Sacarusa  and  Lon^lioard,  and  Sanniel  Smith,  bein;:  duly  and  sev- 
erall.v  authorized  and  empowered  li.A'  said  Tnscaroj'a  Nation,  have  consented 
that  the  Indian  claim  to  the  use.  possession,  and  occU]iancy  of  said  lands  shall 
cease  and  be  extintcuished  when  the  said  lease  made  in  the  year  17GG  to  Itobert 
Jones  and  others  shall  expire:  Be  it  further  enacted.  That  from  and  after  the 
"12th  day  of  Jul.v  which  shall  fall  in  the  .vear  1916  the  whole  of  the  lands 
allotted  to  the  said  Tnscarora  Indians  liy  an  act  of  the  General  Assembly 
passed  at  New  Bern  on  the  loth  day  of  October  in  the  year  of  <inr  Lord  one 
thousand  seven  hundred  and  forty-eight,  shall  revert  to  and  become  the  prop- 
erty of  the  State,  and  the  Indian  claim  thereto  shall  from  tliat  time  lie  held 
and  deemed  forever  extinguisluMl."  Section  six  of  this  act  relates  to  entries 
and  rights  of  individuals.  Under  this  act  the  (iovernor  appointed  conn)nssion- 
ers  to  lease  and  sell  these  lands. 

On  the  ]iart  of  these  conunissioners.  Jereunah  Slade  and  William  Hawkins 
made  a  report  to  Governor  James  Turner  dated  June  lid.  ISO."!.  This  report 
can  be  foiuid  in  the  Governor's  letter  book  for  that  year  at  jiage  8d.  and  is  too 
long  to  copy  here.  The  conimissioners  acted  in  coiiperation  with  Chiefs  Saca- 
rusa and  Longboard.  They  sold  the  lands,  or  the  undeniised  iiortions  of  them, 
which  amoiuited  to  less  than  4.000  acres,  for  $21. 14( ;.•_':;.  Settlement  for  these 
lan<ls  was  nnide  with  the  Secretary  of  Wai". 

A  maj)  of  the  Indian  land,  dated  .luue  17.  ISd."..  was  made  liy  these  com- 
missioners, showing  an  area  of  41.11.".  .acres,  and  showing  the  various  leases, 
with  lengths  of  term,  and  tiled  in  this  oiHce.  which  can  lie  exhibited  to  inter- 
ested i)arties.     The  metes  and  bounds  of  the  map  are  as  follows: 

"P.eginning  on  Roneoke  Kivei'  at  tlie  .Mouth  of  <Jnitsney  Swaniji.  thence  up 
the  \arions  courses  of  the  said  swamp  to  an  oak  near  the  head  at  tlu^  great 
sjiring.  thence  No.  10  E  '.»d4  jiules  to  a  posscman  on  Kockipiis  swamp,  thence 
.\.  ."iT  W.  2S8S  poles  to  a  Hickory  at  the  head  of  Falling  Kun  or  Dee]t  Crei'k. 
thence  down  the  various  courses  ol'  said  Creek  to  lioneoke  i;i\'t>r.  thence  down 
the  Ki\'er  to  the  first  station,  containing  I'orty-one  thousand  one  Innnli'ed  .-md 
thirteen  acres." 

The  rei)ort.  map.  and  papei's  accomiian.ving  them  are  miiiiue  and  inicresting 
docinnents. 

All  the  acts  in  I'eference  to  the  4'uscarora  Indian  lands  proxided  ili.at  the 
re\-ersions  after  the  exjiiration  of  tin'  leases  in  IttlCi  should  lie  \-ested  in  the 
State. 


6 

111  1816  the  Supreme  Court  of  North  Carolina  held,  in  the  ease  of  Sacarusa 
and  Longboard  against  William  King's  heirs,  that  the  grant  made  by  Governor 
Eden  in  1717  to  the  Tuscarora  Tribe  of  Indians  was  absolute  and  uncondi- 
tional, and  that  the  Indians  had  a  fee-simple  right  to  the  lands,  and  not  an 
"Indian  title."  ( See  Supreme  Court  Reports  of  North  Carolina,  vol.  4.  p. 
31(i. ) 

In  182.")  the  General  Assembl.v  passed  an  act.  chapter  18,  page  13,  entitled 
"An  act  concerning  the  lands  held  in  leases  from  the  Tuscarora  Tribe  of  In- 
dians." The  preamble  of  the  act  stated  that  persons  holding  these  leases  were 
subject  to  great  inconvenience  from  their  estates  "lieing  mere  chattel  interest," 
and  for  the  remedy  thereof  the  General  Assembly  enacted  a  law  declaring 
that  the  land  should  be  considered  as  real  estate  in  fee  simple  for  the  term 
of  their  leases,  but  ''Provided,  that  nothing  in  this  act  shall  be  so  construed 
as  to  give  to  the  individuals  holding  the  said  terms  of  years  a  right  to  enjoy 
the  same  for  a  longer  period  than  is  designated  in  the  leases  executed  liy  the 
Tuscarora  Indians." 

On  November  12.  1828,  P.  B.  Porter.  Secretary  of  War.  notified  Governor 
James  Iredell  that  Sacarusa  and  Longboard.  two  principal  Tuscarora  Chiefs, 
with  the  grandson  of  the  former,  were  on  their  way  to  North  Carolina  "for  the 
purpose  of  adjusting  some  claim  which  that  Nation  supposes  itself  to  have  on 
lands  within  your  State,  from  which  they  formerly  emigi-ated."  He  further 
says:  "I  feel  confident  they  will  receive  from  your  Excellency  and  the  other 
constituted  authorities  of  North  Carolina  that  consideration  which  is  due  to 
a  people  who  have  no  other  means  of  enforcing  their  rights  than  the  moral 
obligations  which  such  rights  when  established  impose."  (See  Governor's 
Letter  Book,  1828.  iiage  160.) 

On  November  2().  1828,  Governor  Iredell  transmitted  to  the  General  Assem- 
])ly  a  iiicinorial  fi'dui  the  Chiefs  of  the  Tuscarora  Nation.  This  memorial  was 
referred  to  a  special  committee  of  the  House  and  Senate,  and  the  report  of 
that  committee,  signed  by  George  E.  Sprnill,  chairman,  is  to  be  found  in  the 
Journal  of  the  General  Assembly  of  North  Carolina,  beginning  at  page  27-j. 
Acting  upon  that  memorial  and  report  the  General  Assembly  (see  Laws  of  N.  C.. 
session  1828-'29.  chapter  19.  page  11)  passed  "An  act  concerning  the  lauds  for- 
merly occupied  by  the  Tuscarora  Tribe  of  Indians  lying  in  Bertie  on  the  south 
side  of  Roanoke  River."'  This  act  recited  that  "Whereas  the  Tuskarora  Indians 
have  for  more  than  a  century  been  the  firm  and  undeviating  friends  of  the 
white  people  of  this  comitry.  insomuch  that  tlie  State  of  North  Carolina  is 
disposed  not  only  to  render  to  them  full  and  complete  justice,  but  also  to  exer- 
cise towards  them  that  spirit  of  generosity  which  tlieir  conduct  has  merited, 
therefore,  etc."  In  this  act  William  R.  Smith  of  Halifax.  Simmons  J.  Balcer 
of  Martin,  and  William  Brittain  of  Bertie  were  appointed  commissioners  for 
the  purpose  of  advertising  and  selling  these  lands.  "The  title  so  sold  by  the 
said  commissioners  shall  be  understood  to  extend  only  to  the  reversion  of  the 
State  in  said  lands  after  the  expiration  of  the  leases  of  the  Indians  from 
which  they  are  now  held."  The  Public  Treasurer  was  to  collect  the  money 
due  on  the  lands  and  to  pay  the  money  over  to  the  tribe  or  nation  of  Indians, 
or  other  projierly  authorized  agent  or  agents:  u]ton  wlilcli  the  Indians  sur- 
rendered and  made  "a  full  and  complete  release  of  all  such  claim  (n-  pretense 
of  title  as  they  now  make  or  ever  may  have  to  aforesaid  tract  of  land." 
T'nder  this  act  these  lands  were  sold,  and  the  Treasurer  in  1832  paid  to  Bates 


Cook,  lie  beiii.i,^  a]>]»oiute(l  a.i^oiit  of  the  Tuscavora  Indians,  the  sum  (»f  v.".,i:"_'ii.71. 
The  reeoi-d  of  this  voueher.  No.  2.18,  is  to  he  seen  in  the  Treasurer's  ultiie. 
book  of  1832,  i>aj;:e  .'ilT. 

The  Treasurer's  reports  sliow  two  otlier  small  items  paid  to  the  Tuscarura 
Indians  about  thi.s  time,  the  rea.son  for  which  payments  I  have  not  l(Joked  into. 

On  the  19th  day  of  November.  1831,  William  Chew.  Nicholas  ("asie,  George 
Warchief,  Jonathan  Printup.  Matliew  Jack.  William  Johnson,  and  Isaac  .Miller. 
Chiefs  of  the  Tuscarora  Nation  of  Indians,  of  the  first  part,  in  consideration 
of  $3,250  lawful  mone.v  nf  the  United  States  in  tliem  in  hand  paid,  executed 
to  the  State  of  North  Carolina  a  deed  by  wliidi  they  ij;ranted.  Itarsained. 
sold,  remised,  released,  alienetl,  and  contirmed  unto  the  jieople  of  the  State  of 
North  Carolina,  "in  their  actual  jiossession  now  lieiuLC  and  to  their  as~-i;,'ns 
forever,  all  their  lands,  tenements,  and  liereditameiits  situate,  lyin.LC.  and 
being  in  the  County  of  P.ertie  in  the  said  State  of  North  Carolina,  together 
with  all  and  singular  the  api)urtenances  thereunto  belonging  or  in  an,v  wise 
apiiertaining,  and  the  reversion  and  reversions,  remainder  and  remainders 
thereof,  and  the  estate,  right,  title,  interest,  claim  and  demand  whatsoever 
of  the  said  parties  of  tlie  first  part,  either  in  law  or  eijuity,  of.  in.  and  to  the 
above  bargained  prennst's.  with  the  hereditaments  and  appurteuam  es."  Tliis 
deed  was  properl.v  witnessed  li.v  the  Indians  in  person  coming  before  Kobert 
Fleming,  First  Judge  of  the  Niagara  Count.v  Court  of  Connnon  I'leas  of  New 
York.  The  signature  of  Judge  Fleming  was  authenticated  liy  Enos.  T.  Throo]i. 
Governor  of  the  State  of  New  York. 

.These  are  all  the  leases  and  papers  that  I  tind  tliat  1  think  will  be  of  use 
to  you  in  determining  the  status  of  your  claim  for  the  reversionary  interest 
in  tlie  Tuscarora  lands  in  Bertie  Count.v. 

If  you  desire  an  investigation  of  this  matter  liy  an  attorney  reiiresenting 
the  Indians,  it  seems  to  me  th.at  it  would  be  wise  for  you  to  select  some  man 
of  standing  in  this  State  wlio  can  go  into  the  details  of  tlie  matter  very  care- 
fully for  you.  I  sliall  l)e  glad  to  assist  him  in  finding  all  records  connected 
witli  this  transaction.  1  imderstand  from  Chief  Mount  Pleasant  that  an 
attorney  at  Washington  City  has  Iteeu  employed,  wliich  probalily  means  use- 
less expense  to  you  all  in  tlu'  prosecution  of  an  untenable  claim. 

Uespectfully.  ^    P.KYAN  (JKIMES. 

Sccrctdi!/  i)f  Sfdfi  . 


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in  2011  with  funding  from 

University  of  North  Carolina  at  Chapel  Hill 


http://www.archive.org/details/letterconcerningOOnort 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00032203730 


This  book  may  be  kept  out  one  month  unless  a  recall 
notice  is  sent  to  you.  It  must  be  brought  to  the  North 
Carolina  Collection  (in  Wilson  Library)  for  renewal. 


« 


Form  No.  A-369 


